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In Reference (articles)

Every Issue

Cite as: (2004) 78(4) LIJ, p.76

Library helpdesk

Contact details
Library staff Alice, Catherine, Johanna, Josie and Shannon can be contacted by phone, email or fax. We look forward to hearing from you and assisting with your inquiries.
Phone 9607 9360/1
Fax 9607 9359
Email library@liv.asn.au

Opening hours
A reference librarian is available every Monday and Wednesday evening until 7.30pm to assist with your inquiries.
Monday and Wednesday 9am – 7.30pm
Tuesday and Thursday 9am – 6pm
Friday 9am – 5pm

Library on the Internet
Search the library’s catalogue and the index to the LIJ via the Law Institute’s website at http://www.liv.asn.au/research. Or request research assistance, or loans, find out about training, and gain access to other legal resources via the links provided.

New books and seminar papers

The following books and seminar papers are available at the library. Unless marked REF in the location number, they are available for loan to members of the Law Institute. The borrowing period is one week. You are welcome to reserve an item that is currently on loan.

Building industry
Adams, Sarah and Krejus, Lindis, Building and Construction Law. Security of Payment Act 2002 (Vic): protecting contractors’ cash flow? Seminar papers, October 2003, Leo Cussen Institute, 2003. (Location F KN 83.8 A 2)

Computer law
Moon, Peter, Collins, Matt and Williams, Mark, Issues in Information Technology Law. Seminar papers, November 2003, Leo Cussen Institute, 2003. (Location F KN 347 M 3)

Contracts
Harvey, Matthew and Kincaid, Andrew, Construing Contracts: Ambiguity. Seminar papers, October 2003, Leo Cussen Institute, 2003. (Location F KN 10 H 1)

Kincaid, Andrew and Harvey, Matthew, Construing Contracts: Inconsistency. Seminar papers, December 2003, Leo Cussen Institute, 2003. (Location F KN 10 K 1)

Corporations law
Australian Corporations Legislation 2004 (2004 edn), LexisNexis Butterworths, 2004. (Location KN 261 A 13)

Australian Corporations and Securities Legislation 2004 (2004 edn), CCH, 2004. (Location KN 261 A 11)

Freedom of information
Morrow, Neil et al, Introduction to FoI. Seminar papers, September 2003, Leo Cussen Institute, 2003. (Location F KM 209.I6 M 1)

Pizer, Jason, Gronow, Michael and Germov, Roz, Advanced FoI. Seminar papers, September 2003, Leo Cussen Institute, 2003. (Location F KM 209.I6 P 1)

Freedom of speech
Walters, Brian, Slapping On the Writs: Defamation, developers and community activism, University of New South Wales Press, 2003. (Location KM 204 W 1)

Home detention
Lindner, Benjamin and Trood, Tony, Home Detention and Diversion. Seminar papers, October 2003, Leo Cussen Institute, 2003. (Location F KM 587 L 1)

Indigenous peoples
McRae, Heather et al, Indigenous Legal Issues: Commentary and materials (3rd edn), Lawbook Co, 2003. (Location KM 208.431 M 1 3)

Litigation
Roach Anleu, Sharyn (ed), Litigation: Past and present, University of New South Wales Press, 2004. (Location KL 400 L 1)

Research and development
Jordan, Chris, Williamson, Annabel and Smyth, Anthony, Research and Development for Business Lawyers. Seminar papers, September 2003, Leo Cussen Institute, 2003. (Location F KN 273 J 1)

Restrictive covenants
Sidhu, Anup, Restrictive Trade Covenants. Seminar papers, October 2003, Leo Cussen Institute, 2003. (Location F KN 65.6 S 1)

Sentencing
Freiberg, Arie, Sentencing Update. Seminar papers, October 2003, Leo Cussen Institute, 2003. (Location F KM 587 F 2)

Sexual offences
Keil, Graham and Carlin, Rosemary, Sexual Offences in Trials. Seminar papers, November 2003, Leo Cussen Institute, 2003. (Location F KM 544 K 1)

Shareholders
Willcocks, Peter and Birkett, Ric, The Courts and Small Business Internecine Warfare. Seminar papers, December 2003, Leo Cussen Institute, 2003. (Location F KN 263.4 W 1)

Superannuation
Leow, Liang P and Murphy, Shirley, Australian Master Superannuation Guide 2003/2004 (7th edn), CCH Australia, 2003. (Location KN 193.4 L 1 7)

Taxation
Australian Master Tax Guide 2004 (35th edn), CCH Australia, 2004. (Location KM 335 A 5 35)

Town planning
Lonie, Ian and Everett, Sallyanne, Planning Law: Metropolitan strategy – Melbourne 2030. Seminar papers, October 2003, Leo Cussen Institute, 2003. (Location F KN 96 L 3)

Trade marks
Waters, Russell and Ladas, Bill, Trade Marks: The colour and shape of things to come? Seminar papers, October 2003, Leo Cussen Institute, 2003. (Location F KN 114.2 W 1)


Articles

Members may obtain copies of the following articles. Call us or visit the library on the lower ground floor, 470 Bourke Street, Melbourne. Please quote the ID number of the article. Cost of having articles copied and sent to members: 55 cents per page with a minimum charge of $7.70. Alternatively, use on-site self-service copying at 25 cents per page. For your convenience a copyright declaration/article request form is available on the LIV website http://www.liv.asn.au/research. Please complete and submit this form via email or fax.

Building contracts
Hider, Jane and Wright-Single, Juliet, “Jurisdiction of VCAT – when are subdivision and civil engineering works for developers ‘domestic building works’?” in Australian Construction Law Bulletin, vol 15 no 9, November 2003, pp103-104. (ID No 3787)
Considers the circumstances in which an engineer’s services and works may be characterised as carrying out “domestic building work”.

Bullying
Elvin, Jesse, “The duty of schools to prevent bullying” in Tort Law Review, vol 11 no 3, 2003, pp168-189. (ID No 3790)
This article covers the problem of school bullying, an overview of the law, the Bradford-Smart case, analysis of the issues involved, definition of bullying, appropriate responses, causation, damages and alternative legal remedies.

Defamation
Burgess, Craig, “Courts split over FoI defamation threat to whistleblowers” in Freedom of Information Review, issue 107, October 2003, pp70-72. (ID No 3780)
The protection from defamation action clause in the Freedom of Information Act 1982 has been interpreted in different ways by the courts, which has led to a balancing act between protecting an individual’s reputation and the public interest in preserving the spirit of FoI.

Disclosure of information
Griggs, Lynden, “Nature of business relationship important in considering ‘reasonable expectation’” in Australian & New Zealand Trade Practices Law Bulletin, vol 19 no 8, January 2004, pp120-122. (ID No 3789)
Silence can constitute misleading and deceptive conduct under s52 of the Trade Practices Act 1974, particularly where there is a duty to disclose. This article considers this issue and relevant case law.

Employment
Killian, Terry and Barker, Marina, “Casual employees’ access to unfair dismissal laws” in Inhouse Counsel, vol 7 no 3, pp25-26. (ID No 3776)
Debate over who is a true casual employee continues. Using relevant cases, this article discusses the types of casual employees and their access to unfair dismissal.

Levy, Andrew, “Are you getting release from your release?” in Employment Law Bulletin, vol 9 no 8, November 2003, pp91-92. (ID No3784)
Many employers are obtaining a signed release from their employees before they are dismissed, but in some circumstances an employee may be able to bring an unfair dismissal application even though they have signed a deed of release.

Expert evidence
Ritchie, Jim, “Expert opinion evidence and the role of the lawyer” in Australian Construction Law Bulletin, vol 15 no 10, December 2003/ January 2004, pp112-113. (ID No 3781)
This article discusses the admissibility of expert reports and the role of lawyers in their preparation. Comments made in a recent native title case emphasise that expert reports used in court proceedings have to comply with certain formalities and this is where lawyers play an important role.

Incorporation
Bradley, Michael, “Why incorporation? Gadens’ story” in Law Practice Management, vol 3 no 3, December 2003/January 2004, pp33-34. (ID No 3778)
The case study of Gadens Lawyers’ (Sydney partnership) incorporation reveals that behind the deceptively simple procedure for converting from a partnership to a company is a wide array of issues that a firm should consider before embarkation.

Alice Dowdle
Reference Librarian

library@liv.asn.au

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